# C_2007269EN.01007001.xml

| 10.11.2007 | EN | Official Journal of the European Union | C 269/70 |
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10.11.2007

EN

Official Journal of the European Union

C 269/70

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Action brought on 29 June 2007 — Aayhan and Others v European Parliament

(Case F-65/07)

(2007/C 269/127)

Language of the case: French

Parties

Applicants: Laleh Aayhan (Strasbourg. France) and Others (represented by: R. Blindauer, lawyer)

Applicants:

Defendant: European Parliament

Defendant:

Form of order sought

| — | annul the express decision of the European Parliament of 20 April 2007 rejecting the applicants' complaint of 19 December 2006; |
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annul the express decision of the European Parliament of 20 April 2007 rejecting the applicants' complaint of 19 December 2006;

| — | amend all the fixed-term contracts linking the applicants and the Parliament by converting them into a single contract for an indefinite period; |
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amend all the fixed-term contracts linking the applicants and the Parliament by converting them into a single contract for an indefinite period;

| — | rule that the Parliament is required to restore to all those members of staff the benefit of a contract for an indefinite period; |
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rule that the Parliament is required to restore to all those members of staff the benefit of a contract for an indefinite period;

| — | rule that members of the auxiliary staff of the Parliament called ‘session auxiliaries’ are entitled to an allowance representing the right to paid leave which they acquired through working for all the work periods since their employment began; |
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rule that members of the auxiliary staff of the Parliament called ‘session auxiliaries’ are entitled to an allowance representing the right to paid leave which they acquired through working for all the work periods since their employment began;

| — | order the Parliament to pay to each applicant the sum of EUR 2 000 for their irrecoverable costs of bringing proceedings; |
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order the Parliament to pay to each applicant the sum of EUR 2 000 for their irrecoverable costs of bringing proceedings;

| — | order the Parliament to pay the costs. |
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order the Parliament to pay the costs.

Pleas in law and main arguments

The applicants are session auxiliary staff employed by the Parliament at the time of its plenary sessions at Strasbourg, for 12 plenary sessions a year.

In support of their action, the applicants plead, first, the unlawfulness of Article 78 of the Conditions of Employment of Other Servants, inasmuch as that provision excludes the category of session auxiliaries from the scope of any State or Community source of law.

The applicants rely, next, on the breach of the principle of non-discrimination as stated, in particular, in the European Social Charter and in Convention C 111 of the International Labour Organisation (ILO) concerning discrimination in respect of employment and occupation. They claim, further, that the Parliament infringed the principle requiring any employer to state reasons for a decision to terminate employment, a principle recognised, in particular, in Article 4 of Convention C 158 of the ILO concerning termination of employment at the initiative of the employer.

Finally, the applicants submit that, as provided, in particular, by Directive 1999/70 (1), the general form for the employment relationship between employers and workers is a contract of an indefinite duration.

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(1)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).

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